Noxious Weeds; Deletions and Additions to List

DEPARTMENT OF AGRICULTURE

7 CFR Part 360

[Docket No. 94-050-2]

Noxious Weeds; Deletions and Additions to List

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the noxious weed regulations by removing

Stratiotes aloides Linnaeus (water-aloe) from the list of aquatic weeds

and Euphorbia prunifolia Jacquin (painted euphorbia) from the list of

terrestrial weeds. We are also amending the noxious weed regulations by

adding Ottelia alismoides (L.) Pers. to the list of aquatic weeds and

Solanum viarum Dunal (tropical soda apple) to the list of terrestrial

weeds. Listed noxious weeds may be moved into or through the United

States only under a written permit and under conditions that would not

involve a danger of dissemination of the weeds. This action is

necessary to prevent the artificial spread of noxious weeds into

noninfested areas of the United States, and to remove unnecessary

restrictions.

EFFECTIVE DATE: August 11, 1995.

FOR FURTHER INFORMATION CONTACT: Ms. Polly Lehtonen, Botanist,

Biological Assessment and Taxonomic Support, PPQ, APHIS, Suite 4A03,

4700 River Road Unit 113, Riverdale, MD 20737-1236, (301) 734-4394.

SUPPLEMENTARY INFORMATION:

Background

The noxious weed regulations (referred to below as the regulations)

were promulgated under authority of the Federal Noxious Weed Act of

1974 (7 U.S.C. 2801 et seq., referred to below as the Act) and are set

forth in 7 CFR part 360. They contain restrictions on the movement of

listed noxious weeds into or through the United States, but do not

affect the movement of listed noxious weeds that are moved solely

intrastate.

A listed noxious weed may be moved into or through the United

States only pursuant to a written permit. The regulations provide that

the Animal and Plant Health Inspection Service (APHIS) will issue a

written permit only after determining that the importation and movement

of the noxious weed would not involve a danger of dissemination of the

noxious weed in the United States.

On March 23, 1995, we published in the Federal Register (60 FR

15260-15262, Docket No. 94-050-1) a proposal to amend Sec. 360.200 by

removing Stratiotes aloides Linnaeus (water-aloe) from the list of

aquatic weeds and Euphorbia prunifolia Jacquin (painted euphorbia) from

the list of terrestrial weeds. We also proposed to amend the noxious

weed regulations by adding Ottelia alismoides (L.) Pers. to the list of

aquatic weeds and Solanum viarum Dunal (tropical soda apple) to the

list of terrestrial weeds.

We held a public hearing on the proposed rule on April 4, 1995. No

one came to speak about the proposed rule. We also solicited written

comments concerning our proposal for 30 days ending April 24, 1995. We

received five comments by that date. They were from industry groups and

representatives of State and Federal governments. We carefully

considered all of the comments we received. They are discussed below.

All of the comments that we received were strongly in favor of

adding tropical soda apple to the list of terrestrial weeds. Two

commenters talked about how surveys conducted in Florida indicated that

the original infestation of this noxious weed has spread dramatically

and now poses a significant threat to other southern States. This

noxious weed has spread through more than 500,000 acres of pasture and

other land in Florida.

One commenter requested that APHIS consider setting aside funds to

foster Federal and State cooperative efforts in keeping with APHIS'

mission of excluding exotic plant pest species and enhancing trade

opportunities for States threatened by tropical soda apple.

As resources permit, APHIS will continue to work closely with the

weed research community, cooperators, and other interested parties to

develop appropriate tropical soda apple control methods.

One commenter was concerned that APHIS did not propose measures to

ensure the cleanliness of interstate shipments of cattle, manure, or

grass seed.

At this time, available research on tropical soda apple is limited

and inconclusive. Several efforts, such as ecological range studies and

determining natural and artificial means of spread, are underway to

determine the network of artificial and natural spread, but are not yet

completed. One of the main vectors responsible for the artificial

spread of tropical soda apple is cattle. APHIS, with the cooperation of

the Florida State Veterinarian, has examined copies of all the

certificates that accompanied the cattle moved interstate from Florida

during the past 2 years. These records revealed the points of

destination for the cattle shipments from Florida. These points of

destination are considered by APHIS to be at high risk for becoming

infested with tropical soda apple. These areas are being closely

monitored by both APHIS and the States. Any tropical soda apple plants

found will be destroyed. APHIS is aware of other avenues of artificial

spread and is also monitoring those areas at risk in lieu of

establishing quarantines.

Only one commenter was opposed to one of the additions to the list

of noxious weeds. This commenter stated that Ottelia alismoides (L.)

Pers. should not be added to the list of aquatic weeds. The commenter

said that in 1977, Otellia alismoides (L.) Pers. was collected in

California in an irrigation drainage ditch next to some rice fields,

but was never treated, and has never been known to be a problem in the

rice fields. This same commenter also asked that a weed already on the

list, Ipomea aquatica, be deleted from the list because it is grown

commercially in California.

APHIS recognizes that Otellia alismoides (L.) Pers. and Ipomea

aquatica are not problems in California, but they pose a threat to

Florida and other southern States. APHIS is taking

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this action to reduce the risk that Ottelia alismoides (L.) Pers. and

Ipomea aquatica will be introduced into other States and become

established there.

One commenter suggested that APHIS add Solanum tampincensis to the

list of noxious weeds. The commenter stated that Solanum tampincensis

is a related species to tropical soda apple, but occupies much wetter

habitats.

APHIS would welcome specific information on this weed that would

help us to assess the pest risk potential of Solanum tampincensis and

decide if it should be added to the list of noxious weeds. Information

that APHIS needs in order to assess the risk posed by Solanum

tampincensis would be its current distribution within and outside the

United States, potential range within the United States (expressed, for

example, in plant hardiness zones), biology, dispersal potential,

potential economic and environmental impacts, and the source of any

information provided.

Therefore, based on the rationale set forth in the proposed rule

and in this document, we are adopting the provisions of the proposal as

a final rule, without change.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. For this

action, the Office of Management and Budget has waived its review

process required by Executive Order 12866.

In accordance with 5 U.S.C. 603, we have performed a Final

Regulatory Flexibility Analysis, set forth below, regarding the impact

of this rule on small entities.

In accordance with 7 U.S.C. 2803 and 2809, the Secretary of

Agriculture is authorized to promulgate regulations to prevent the

movement of any noxious weed into the United States, or interstate,

except under conditions prescribed by the Secretary.

This rule will add tropical soda apple to the list of terrestrial

noxious weeds. The reduction in usable acreage caused by the spread of

tropical soda apple poses a significant threat to the cattle industry

and to other agricultural entities. Tropical soda apple also poses a

threat to natural ecosystems. The weed is spreading into citrus groves,

vegetable farms, sugarcane production areas, and dairy farms.

Preventing further introductions and curtailing spread will have a

positive economic impact on ranchers and growers not yet affected.

With this rule, commodities offered for import found to be

contaminated with propagules of tropical soda apple will be cleaned,

treated, or reexported. This will have a minimal negative economic

impact on various importers. However, information regarding

importations of commodities contaminated with tropical soda apple is

not available, nor is the number of importers of such material.

This rule will also remove Euphorbia prunifolia Jacquin (painted

Euphorbia) from the list of terrestrial noxious weeds, and will

therefore remove restrictions on its importation and interstate

movement. From 1985 through 1993, 207 shipments of articles intended

for entry into the United States were found to contain Euphorbia,

possibly prunifolia.

This rule will also add Ottelia alismoides (L.) Pers. to the list

of aquatic noxious weeds, and will remove Stratiotes aloides Linnaeus

(water-aloe) from the list of aquatic noxious weeds. Data on the amount

of Ottelia alismoides (L.) Pers., if any, currently being imported into

the United States is unavailable. From 1985 through 1993, one shipment

of articles intended for entry into the United States was found to

contain Stratiotes aloides Linnaeus (water-aloe).

A listed noxious weed may be moved into or through the United

States only pursuant to a written permit. The regulations provide that

APHIS will issue a written permit only after determining that the

importation and movement of the noxious weed will not involve a danger

of dissemination of the noxious weed in the United States.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are inconsistent with this rule; (2) has no

retroactive effect; and (3) does not require administrative proceedings

before parties may file suit in court challenging this rule.

Paperwork Reduction Act Statement

This rule contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 360

Imports, Plants (Agriculture), Quarantine, Reporting and

recordkeeping requirements, Transportation, Weeds.

Accordingly, 7 CFR part 360 is amended as follows:

PART 360--NOXIOUS WEED REGULATIONS

1. The authority citation for part 360 continues to read as

follows:

Authority: 7 U.S.C. 2803 and 2809; 7 CFR 2.17, 2.51, and

371.2(c).

Sec. 360.200 [Amended]

2. Section 360.200 is amended as follows:

a. In paragraph (a), by removing ``Stratiotes aloides Linnaeus

(water-aloe)''.

b. In paragraph (a), by adding ``Ottelia alismoides (L.) Pers.''

immediately after ``Monochoria vaginalis (Burman f.) C. Presl''.

c. In paragraph (c), by removing ``Euphorbia prunifolia Jacquin

(painted euphorbia)''.

d. In paragraph (c), by adding ``Solanum viarum Dunal (tropical

soda apple)'' immediately after ``Solanum torvum Swartz

(turkeyberry)''.

Done in Washington, DC, this 3rd day of July 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant and Health Inspection Service.

[FR Doc. 95-17018 Filed 7-11-95; 8:45 am]

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